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Home My WebLink About2020-09-09 Board of Ethics AgendaBoard of Ethics 09/03/2020 11:40:41 AM BOARD OF ETHICS, County of Hawaii `•.•_, 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA DATE: Wednesday, September 9, 2020 TIME: 10:00 a.m. PLACE: Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, HI 96720 As part of the response to the threat of COVID-19, Governor David Ige issued a Twelfth Proclamation Related to the COVID-19 Emergency dated August 20, 2020, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location. This meeting will be held through a combination of some board members being physically present at the meeting location and some members participating by interactive video conference through WebEx. Only persons that are present for the particular item on the agenda will be allowed in the meeting room. Each person will be required to wear a face mask and maintain six feet physical distance from any other person as required by law. The public may view the meeting live via WebEx. To sign up for access to the meeting via WebEx, please contact Maria Pagala at maria.pagala@hawaiicounty_gov or 808-961-8251 no later than 12 noon, Tuesday, September 8, 2020. Anyone wishing to testify orally via WebEx must sign up by 12 noon, Tuesday, September 8, 2020 by contacting Maria Pagala. The Board has taken these public health safety precautions in order to minimize physical contact and maximize physical distancing. Submitting Written Testimony: The Board encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Board Members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to maria.pagala@hawaiicounty. gov, (2) facsimile to (808) 961-8622, or (3) mail to the Board of Ethics office at 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720. All written testimony, regardless of time of receipt, will be part of the permanent record. 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF AUGUST 12, 2020. 4. CORRESPONDENCE a. Anonymous letter from a member of the public dated July 29, 2020 requesting an investigation into an alleged unfair special treatment of an employee in the Parks and Recreation Department. Board of Ethics 09/03/2020 11:40:41 AM 5. NEW BUSINESS There is no new business. 6. UNFINISHED BUSINESS a. Petition 2019-02: Review draft order to dismiss petition alleging that a County officer or employee and the Hawai'i County Board of Ethics is in violation of Sections 2-83 (a)(b)(c) (Fair treatment) of the Hawaii County Code. b. Petition 2020-01: Continued review of a petition alleging that a County officer or employee is in violation of Sections 2-83 (Fair Treatment) and 2-84 (a) (Conflict of Interest) of the Hawaii County Code. (CLOSED HEARING REQUESTED) c. Petition 2020-02: Review draft order to dismiss petition alleging that a County officer or employee is in violation of Sections 2-83 (Fair Treatment) and 2-91.6 (Confidential Information) of the Hawaii County Code. (CLOSED HEARING REQUESTED) d. Petition 2020-04: Continued review of a complaint regarding the lack of enforcement and/or unequal enforcement of state laws at the Thirty Meter Telescope protest encampment at Mauna Kea Access Road. 7. EXECUTIVE SESSION With reference to agenda items listed, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawaii Revised Statutes ("HRS") Sections 92-5(a)(2), 92-5(a)(4), and 92-6(a)(2), the following items may be considered in Executive Session. a. Discussion regarding legal presentation from Corporation Counsel Joseph Kamelamela regarding the Hawai'i County Board of Ethics request for special counsel from the February 28, 2020 meeting. b. Review of the executive session minutes of August 12, 2020. c. Review of the closed session minutes of August 12, 2020. d. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Board of Ethics 09/03/2020 11:40:41 AM Name Position County Agency 1 Michael Okumoto Member Tax Board of Review 2 Denise Nakanishi Member Board of Ethics 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for October 14, 2020 at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720. 9. ADJOURNMENT NOTE: If you need an auxiliary aid/service or other accommodation due to a disability, contact 961-8304, ext. 101 as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. BOARD PACKET. Pursuant to Hawai'i Revised Statutes Section 92-7.5, the board packet provided to members of this board for this meeting is available for public inspection during regular business hours at the Office of the Corporation Counsel, 101 Aupuni Street, Suite 325, Hilo, Hawai'i 96720. NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2-91.3(b), Hawaii County Code). A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2-91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawaii 96720.